The amended complaint filed yesterday in federal court in
Dallas followed a ruling by U.S. District Judge Barbara Lynn
last month that removed Jones and the Cowboys from the lawsuit.
The judge permitted the ticketholders to amend their case
against Jones and the league.

Because of problems with temporary seating, about 475
ticketholders had to watch the NFL title game between the Green
Bay Packers and Pittsburgh Steelers on video screens. A group of
2,821 were given new seats or kept waiting outside the stadium,
according to court papers. The league and Jones said the refund
offers they made were legally adequate and more than what the
fans were entitled to.

The new complaint lists seven claims against the NFL, Jones
and the Cowboys, including fraudulent inducement, breach of
contract, negligent representation and deceptive trade
practices. It seeks more than $5 million, exclusive of costs and
interest.

“We are reviewing their attempt to resurrect these claims
in the amended lawsuit and will respond in due course, likely
with a further motion to dismiss,” Brian McCarthy, a league
spokesman, said in an e-mail. “But the suggestion that the NFL
somehow defrauded fans has no merit.”

Brett Daniels, a spokesman for Jones and the Cowboys,
declined to comment on the filing.

‘Seating Problems’

When she dismissed the claims against Jones last month,
Lynn said: “The fact that the Super Bowl was held at Cowboys
Stadium and that Jerry Jones stated afterward that he accepted
responsibility for the seating problems does not mean that the
Cowboys defendants became parties to a contract between the NFL
and the plaintiffs.”

According to the new complaint, Jones said the sale of
Super Bowl tickets was like “a shark hitting red meat.”

“We’re thinking of selling more tickets. I know this:
However many we print, people will buy,” the complaint quotes
him as saying.

The plaintiffs say that NFL and Jones concealed known
problems with the temporary seats to avoid public-relations
problems before the game

“We have now provided over 40 paragraphs in the complaint
detailing the who, what, when and where of the fraud perpetrated
on the fans,” Michael Avenatti of Eagan Avenatti LLP, lead
counsel for the ticketholders, said in an e-mail. “We have also
now provided the why -- money.”

The case is Simms v. Jones, 3:11-cv-00248 U.S. District
Court, Northern District of Texas (Dallas).

To contact the reporter on this story:
Tom Korosec in Dallas at
tkorosec@sbcglobal.net